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  • FIRST POST
    • Hannahkah15
    • By Hannahkah15 10th Apr 18, 1:33 PM
    • 4Posts
    • 1Thanks
    Hannahkah15
    CCJ Defense deadline missed
    • #1
    • 10th Apr 18, 1:33 PM
    CCJ Defense deadline missed 10th Apr 18 at 1:33 PM
    I have had a CCJ entered against me from a PCN by Link Parking, represented by Gladestones. I defended the claim but through a silly mistake with writing down the date I missed the deadline to submit my defense. I have since had confirmation from the ticketing issuer Parkonomy that there was in fact a fault with their system at the time my ticket was issued and they state I never should have been issued a PCN. However, the claimant is refusing to acknowledge this. If I don't pay the CCJ amount is it likely an N244 will be successful?I am in the process of selling my housing and purchasing a new one so a CCJ on my credit file would have devastating affects.
Page 1
    • Quentin
    • By Quentin 10th Apr 18, 1:41 PM
    • 36,840 Posts
    • 20,979 Thanks
    Quentin
    • #2
    • 10th Apr 18, 1:41 PM
    • #2
    • 10th Apr 18, 1:41 PM
    How close are you to completing and how long since the ccj was issued.

    The answers will determine your options
    • Hannahkah15
    • By Hannahkah15 10th Apr 18, 2:13 PM
    • 4 Posts
    • 1 Thanks
    Hannahkah15
    • #3
    • 10th Apr 18, 2:13 PM
    • #3
    • 10th Apr 18, 2:13 PM
    Thee ccj was issued on 14th March - I've been waiting for a response from Parkonomy - you can only contact them via email. They finally admitted the fault in there system last week and sent it to Link Parking at my request. I spoke to the owner of link Parking about an hour ago and he told that he had received the email from Parkonomy but he would not be withdrawing the claim. He said it's their issue and he should not be out of pocket because of the fault with there system and I should get them to pay my fine for me.
    • nosferatu1001
    • By nosferatu1001 10th Apr 18, 2:18 PM
    • 3,115 Posts
    • 3,834 Thanks
    nosferatu1001
    • #4
    • 10th Apr 18, 2:18 PM
    • #4
    • 10th Apr 18, 2:18 PM
    Pay up
    If you do that today, then the CCJ will be removed. Get a receipt for payment however best makes sense and make sure the court has it

    Almost no chance with a set aside. Its YOUR fault you didnt respond in time.
    HOweer you coudl use the admission of the issuer to then say they should pay you your definite lossees - th CCJ - in a letter before action.
    • Hannahkah15
    • By Hannahkah15 10th Apr 18, 2:31 PM
    • 4 Posts
    • 1 Thanks
    Hannahkah15
    • #5
    • 10th Apr 18, 2:31 PM
    • #5
    • 10th Apr 18, 2:31 PM
    Really?

    I know it's my fault I missed the deadline but it was purely a clerical error. These companies are ripping people off all the time. I thought with a set aside you had to prove you had a decent chance to defend yourself. I now have new evidence and admittance that I purchased a ticket correctly so there were in fact no ground for a CCJ to be issued.
    • nosferatu1001
    • By nosferatu1001 10th Apr 18, 2:58 PM
    • 3,115 Posts
    • 3,834 Thanks
    nosferatu1001
    • #6
    • 10th Apr 18, 2:58 PM
    • #6
    • 10th Apr 18, 2:58 PM
    Yes, and?
    THe court runs on deadlines. A set aside is YOU saying "please waste more time on something I didnt bother to defend the first time" (from their perspective) so you have to overcome that.

    There were plenty of grounds fo rthe CCJ. They issued a claim and you didnt defend. That is the only grounds needed

    To get a set aside there has to be some reason to grant the set aside, alongide you sowing you have a reasonable chance of success. Or you go after the operator that messed up, and get them to pay.

    Being pragmatic, paying the CCJ NOW means you dont have screwed credit for 6 years, no mater what happens next. Your choice, literally your mess.
    • Hannahkah15
    • By Hannahkah15 10th Apr 18, 3:10 PM
    • 4 Posts
    • 1 Thanks
    Hannahkah15
    • #7
    • 10th Apr 18, 3:10 PM
    • #7
    • 10th Apr 18, 3:10 PM
    'Please waste more time'. One I;m not the one who is wasting the time and filed the judgement. Two I will be paying the court 255 for the privilege of 'wasting more of their time'.

    I am fully aware what a CCJ will do to my credit rating but I am also fully aware that these horrible companies make a living off catching people out and intimidating them by these methods. I purchased my ticket, I have done nothing wrong. Yes I made a mistake when the evidence needed to be submitted for my defense but I am only human. In fact I am a human who is a single mum who works full time going through a horrific divorce from an abusive and controlling ex-partner on top of having this company come after me for money I don't owe. It would be nice if for once the courts and systems were on the side the victims and not on the side of just who has the bigger pockets!!!!!!
    • nosferatu1001
    • By nosferatu1001 10th Apr 18, 3:17 PM
    • 3,115 Posts
    • 3,834 Thanks
    nosferatu1001
    • #8
    • 10th Apr 18, 3:17 PM
    • #8
    • 10th Apr 18, 3:17 PM
    1) Youre not understanding.
    From their point of view YOU are at fault. A C filed a CLaim, you failed to defend, so a Judgment was properly issued. End of.

    2) Again, still not understanding. Youre paying 255 for a hearing to decide if the court should waste further time on a possible hearing about the claim

    You need to step back from this, just for a second. Youre being given very very direct advice. This isnt an attck on you, just realistic. You can of course ignore it.

    This has NOTHING to do with who has the bigger pockets. You failed to meet a court ordered deadlie. You lost as a result. No amount of righteous indignation will reverse that.

    I completely and utterly sympathise and empathise, that maybe this wasnt top of your priotity. However imagine you were teh C - woudl you expect anyone to be able to gnore a court order and not get a judgement against them? Wouldnt be right, would it?
    • KeithP
    • By KeithP 10th Apr 18, 3:19 PM
    • 8,671 Posts
    • 8,584 Thanks
    KeithP
    • #9
    • 10th Apr 18, 3:19 PM
    • #9
    • 10th Apr 18, 3:19 PM
    It would be nice if for once the courts and systems were on the side the victims and not on the side of just who has the bigger pockets!!!!!!
    Originally posted by Hannahkah15
    Yes, that would be good wouldn't it?

    You gave the court no opportunity to be any more 'on your side' than they have been.

    The court, or 'system', heard from the claimant and invited you to put your side of the story. You failed to do that.
    What exactly is the court supposed to do then?
    .
    • Quentin
    • By Quentin 10th Apr 18, 3:19 PM
    • 36,840 Posts
    • 20,979 Thanks
    Quentin
    You didn't answer the question regarding how long you have before you want a mortgage.

    But now we know that you can pay this and clean up your credit rating then get it paid off in time, then pursue parkonomy to reimburse you.

    That way you get your mortgage/house move!
    • pelirocco
    • By pelirocco 10th Apr 18, 3:23 PM
    • 7,659 Posts
    • 8,552 Thanks
    pelirocco
    'Please waste more time'. One I;m not the one who is wasting the time and filed the judgement. Two I will be paying the court 255 for the privilege of 'wasting more of their time'.

    I am fully aware what a CCJ will do to my credit rating but I am also fully aware that these horrible companies make a living off catching people out and intimidating them by these methods. I purchased my ticket, I have done nothing wrong. Yes I made a mistake when the evidence needed to be submitted for my defense but I am only human. In fact I am a human who is a single mum who works full time going through a horrific divorce from an abusive and controlling ex-partner on top of having this company come after me for money I don't owe. It would be nice if for once the courts and systems were on the side the victims and not on the side of just who has the bigger pockets!!!!!!
    Originally posted by Hannahkah15

    I dont wish to be harsh , but the court , because you didnt defend the summons have deemed the parking compnay to be the victim . The system is quite straightforward and you are given plenty of time to defend , and its now easier as you can of course do it online . As others said the easiest thing would be to pay then try and fight the parking company , if as you have said they have said they are in the wrong . The chances are if you dont pay they will escalate it to the high court and baliffs, which will be added cost
    Vuja De - the feeling you'll be here later
    • Redx
    • By Redx 10th Apr 18, 5:27 PM
    • 18,845 Posts
    • 23,841 Thanks
    Redx
    1) its not a "summons" , its a CCJ from an MCOL

    2) if its under 600 in total owed, it wont be going to the High Court
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Johnersh
    • By Johnersh 10th Apr 18, 6:26 PM
    • 1,152 Posts
    • 2,186 Thanks
    Johnersh
    You could take the following steps, but it's messy and time consuming....

    1. Pay up promptly to ensure my credit rating wasn't affected (and you don't have long);
    2. Get the PPC to confirm in writing that they will not rescind the PCN because the issue lies with Parkonomy;
    3. Invite Parkonomy to reimburse you;
    4. If Parkonomy do not reimburse you, write a letter of claim;
    5. Issue proceedings against Parkonomy on the basis that the PCN is not being withdrawn (see step 2) and rely upon CPR 14.1A (Pre-action admissions) namely, that there was an error in the machine and that had that error not occurred, the PCN would not have issued a ticket and judgment would not have been secured.

    Do bear in mind that you are unlikely to recover the "uplifts" via this process. Parkonomy would be able to argue that (i) if you paid the ticket promptly their liability would be rather lower than the full amount of the CCJ and (ii) that Court costs have arisen as a result of your negligence in your dealings with the Court.

    An alternative would be to apply to the Court for a set aside, which you may well get. However, you almost certainly won't get the 255 court fee back (it's your error) and you'd have to get the credit record cleaned up afterwards. Issuing a fresh claim would be cheaper, subject to my comments as to the uplifts above in relation to the likely defence.
    Last edited by Johnersh; 10-04-2018 at 6:31 PM.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
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